E-19/24 EFTA Surveillance Authority v Iceland
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Deadlines: Motivation ministry: 4 December 2024 Written observations: 20 January 2025
Keywords: implementation, trade repositories
Subject: - Agreement on the European Economic Area: point 31bcc of Annex IX and Article 7; - Commission Implementing Regulation (EU) 2022/1859 of 10 June 2022 amending the implementing technical standards laid down in Implementing Regulation (EU) No 1248/2012 as regards the format for applications for registration as trade repositories and for applications for extension of registration as trade repositories.
Facts of the case: The EFTA Surveillance Authority (ESA) brings an Action under Article 31 of the Agreement between the EFTA States on the Establishment of a Surveillance and a Court of Justice (EEA Agreement). ESA seeks a declaration from the Court that Iceland has failed to adopt the measures necessary to make the Act referred to at point 31bcc of Annex IX to the EEA Agreement, as adapted by Protocol 1 to that Agreement, part of its internal legal order, as required by Article 7 of the Agreement. This Act concerns technical standards as regards the format for applications for registration as trade repositories.
The Government of Iceland does not dispute the declaration sought by the Applicant. However, the Government wishes to inform the Court that as of 13 September 2024, Iceland has implemented the Act into its legal order and fulfilled its obligation under Article 7 of the EEA Agreement.
Requests to: 1. declare that Iceland has failed to fulfil its obligations under Article 7 of the EEA Agreement by failing to make the Act referred to at point 31bcc of Annex IX to the EEA Agreement (Commission Implementing Regulation (EU) 2022/1859 of 10 June 2022 amending the implementing technical standards laid down in Implementing Regulation (EU) No 1248/2012 as regards the format for applications for registration as trade repositories and for applications for extension of registration as trade repositories), as adapted by Protocol 1 to the EEA Agreement, part of its internal legal order, and 2. order Iceland to bear the costs of these proceedings.
Cited (recent) case-law: -
Policy Area: FIN
